PENYELESAIAN KEPAILITAN TERHADAP KREDITORudSEPARATIS DIBANDINGKAN DENGAN KREDITORudPEMEGANG HAK JAMINAN DALAM HAL TERJADINYA SITAudJAMINAN

摘要

In this writing, specifically about how the legal status of the separatistudcreditors in bankruptcy creditors when compared with holders of rightsudguaranteed in the event of confiscation guarantees? And how the settlementudprocess? The research objective was to determine the the legal status of theudseparatist creditor in the bankruptcy creditors compared with holders of rightsudguarantees in the event of confiscation guarantees and completion process.types ofudlegal research which is kind of normative research. The results of this study isudthat, when viewed from the bankruptcy settlement of the separatist creditorudcreditors that the holder of the security right is bankruptcy law under Article 55udhas provided an exception to the separatist creditor where the separatist creditorudwhere the creditor is able to directly solve security object as if nothing happenedudbankruptcy. But in fact, this law is inconsistent because next to in Article 56udparagraph (1) says that the process of execution to the creditor holding securityudrights can only be done 90 days after the bankruptcy verdict pronounced. Thus theudprinciple of execution in bankruptcy, nowthstanding the provisions of thisudwarranty which entitles the creditor toguarantee the rights holders directly toudexecute after the defaults based on the decision of the District Court. The adviceudfrom the author for commercial courts in Indonesia not only in big cities only, butudshould also be in all areas in Indonesia, the high Court that is known by theudpublic. And for the judges, so do not always accept the defaults litigation, but alsoudsee elements of bankruptcy